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ARBITRATION 

FOR 

DISPUTES  IN  TRADE 

BETWEEN 

THE  UNITED  STATES 

AND 

THE  ARGENTINE  REPUBLIC 


CHAMBER  OF  COMMERCE 
^"^  of  the 

UNITED  STATES   o^  A  yr^ ♦T' t  <"  "?^ 

SEPTEMBER,  1919 


'Oft  Library 

: :  030 

Bancroft  Library 

16  ^^?0 

Unfvorjity  of  California 

WITHnp\WN 

/3r/j 

Facilities 

FOR 

Arbitration  of  Disputes 

IN 

International  Trade 

Arbitration  as  a  method  of  settling  disputes  arising 
in  trad^  has  long  been  in  vogue,  under  the  auspices 
especially  of  commercial  organizations. 

Friendly  mediation  on  the  part  of  men  versed  in 
the  merchandise  and  the  trade  in  question,  and  so 
selected  as  to  guarantee  their  impartiality,  has  in 
recent  years  been  discussed  at  international  con- 
gresses of  chambers  of  commerce  as  a  means  which 
certainly  will  be  adopted  for  the  promotion  of  good 
relations  in  international  commerce. 

The  Pan-American  Financial  Conference,  which 
was  held  at  Washington  in  May,  191 5,  afforded  an 
opportunity  for  representatives  of  the  Bolsa  de  Com- 
ercio  of  Buenos  Aires  and  the  Chamber  of  Com- 
merce of  the  United  States  to  consider  concretely  the 
possibility  of  a  plan  through  which  these  two  organi- 
zations, each  representative  of  the  commercial  inter- 
ests of  its  country  in  a  national  sense,  might  at  once 
encourage  arbitration  and  make  it  readilv  available 
for  all  persons  engaged  in  trade  between  the  two 
countries.  The  initiative  in  placing  the  subject  be- 
fore the  two  organizations  was  taken  by  the  Argen- 
tine Committee  of  the  Conference. 

Discussion  of  the  subject  brought  out  so  many 
points  of  mutual  advantage  in  such  a  plan  and  so 
manv  reasons  to  believe  it  would  prove  in  every  wav 
feasible  that  conferences  were  held  during  the  fol- 
lowing month  and  the  principles  upon  which  there 
was    entire    accord    were    embodied    in    documents 


which  have  since  had  the  attention  of  both  organiza- 
tions. 

The  plan  as  formally  put  into  effect  on  April  lo, 
1916,  is  now  printed  for  the  information  of  all  busi- 
ness men  of  the  United  States  who  have  transactions 
with  business  men  in  Argentina.  There  are  likewise 
printed  in  this  pamphlet  the  names  of  the  gentlemen 
who  have  consented  to  serve  in  Argentina  and  in  the 
United  States,  upon  the  Committees  of  Arbitration 
and  the  Official  Lists  of  Abritrators  contemplated  in 
the  agreement. 

Creation  of  facilities  of  which  business  men  can 
avail  themselves,  if  they  see  fit,  is  the  purpose  of  the 
plan.  When  the  parties  to  a  contract  have,  however, 
undertaken  to  submit  to  arbitration  any  controversy 
that  may  arise  they  will  be  expected  to  keep  their 
agreement  and  to  this  end  they  will  be  subject  to  such 
moral  influence  as  their  organizations  may  be  able 
to  exert. 

In  other  words,  the  plan  rests  wholly  upon  the 
voluntary  assent  of  the  persons  engaged  in  each  par- 
ticular transaction  between  the  two  countries  and 
upon  the  influence  the  commercial  organizations  of 
the  two  countries  can  exert  upon  any  of  their  mem- 
bers who  heedlessly  disregard  an  undertaking  to 
arbitrate. 

Such  a  degree  of  flexibility  has  been  used  in  the 
plan  that  when  a  dispute  arises  the  parties  will  be 
wholly  free  to  choose  such  arbitrators  as  they  please; 
they  will  need  to  have  recourse  to  the  official  lists  of 
arbitrators  pnly  when  they  cannot  otherwise  agree  to 
whom  they  should  submit  their  differences. 


COMMITTEE  ON  ARBITRATION 

in   nil-; 

CHAMBER  OF  COMMERCE  OF  THE  UNITED  STATES 

UNITED  STATES  SECTION 

R.  GooDWYN  Rhett,  Chair))ian,  Charleston 
Cmaklks  L.  Bernheimer,  New  York  City 
John  J.  Arnold,  Chicago 
W.  S.  KiES,  New  York  City 
Owen  D.  Young,  New  York  City 

ARGENTINE  SECTION 

Joiix  n.  Fahey,  Boston 
Enrique  Gil,  New  York  City 
John  G.  White,  New  York  City 
John  E.  Zimmerman.  Philadelphia 


In  accordance  'wilh  Article  1'!  of  the  A(:rce- 
ment.for  which  see  page  ii,  the  first  five  members 
of  the  Committee  arc  appointees  of  the  Chamber 
of  CommcriC  of  the  United  States  and  the  last 
four  arc  appointees  of  the  Chamber  of  Com- 
merce of  Buenos  Aires. 


COMMITTEE  ON  ARBITRATION 

OF  THE 

CHAMBER  OF  COMMERCE  OF  BUENOS  AIRES 

ARGENTINE  SECTION 

GuiLLERMO  White,  Chairman,  Buenos  Aires 
CarIvOS  T.  Becu,  Buenos  Aires 
Juan  Chapar,  Buenos  Aires 
Juan  V.  Mignaquy,  Buenos  Aires 
Domingo  Salaberry,  Buenos  Aires 

UNITED  STATES  SECTION 

Luis  E.  Zuberbuhler,  Buenos  Aires 
Frederick  C.  Cook,  Buenos  Aires 
Hanaford  E.  Finney,  Buenos  Aires 
Chalmers  T.  Pryor,  Buenos  Aires. 


In  accordance  zvith  Article  VI  of  the  Agree- 
ment, for  which  see  page  ii,  the  first  five  members 
of  the  Committee  are  appointees  of  the  Chamber 
of  Commerce  of  Buenos  Aires  and  the  last  four 
are  appointees  of  the  Chamber  of  Commerce  of 
the  United  States. 


OFFICIAL  LIST  OF  ARBITRATORS 

OF  THE 

CHAMBER  OF  COMMERCE  OF  THE  UNITED  STATES 

(Sc«    Article    VIII    of   th«    Agreement,    page    13) 

UNITED  STATES  SECTION 

I"..\RL  D.  Barst,  New  York 

Henky  S.  Dennisox,  Boston 

P.  T.  Dodge,  New  York 

A.  Barton  Hephurn,  New  York 

Alba  B.  Johnson.  Fliiladelpliia 

J.   L.  Kaul,  Birmingham 

J.    Franklin    McElw.mn,   Boston 

William   Kellowks   Morgan,  New  York 

E.  H.  OiTtRBRiPGE,  New  York 
Lewis   Pikrson,   Brooklyn 

F.  F.  Prentiss,  Cleveland 
R.  B.  Price.  New  York 
Jacob  H.  Scuhk.  New  York 
John  A.  Toit'inc,  New  York 
Theoiiore  N.  Vail.  New  York 
W.  P.  Wilson,  Philatieiphia 
W.  D.  Baldwin.  New  York 
Kdwin  p.  Brown,  Boston 
William    Butterworth,   Moline 
E.   M.  Herr.  F^ast   Pittsburgh 
H.  C.  Lewis.  New  York 
Henry  R.  Towne.  New  York 
George   M.   Reynolds,  Chicago 
Frank  G.  Ryan.  Detroit 

S.  Davies  Warkielt),  Baltimore 
Frank  O.  Wetmori:,  Chicago 
J.  H.  Wheklwriciit,  Baltimore 
Crawford   H.   Ellis,  Boston 
John  Crosby.  Minneapolis 
Emory  W.  Clark.  Detroit 


OFFICIAL  LIST  OF  ARBITRATORS 

OF  THE 

CHAMBER  OF  COMMERCE  OF  THE  UNITED  STATES 

(See   Article   VIII    of   the   Agreement,   page   13) 

ARGENTINE  SECTION 

John  Barrett,  Washington 

Henry  W.  Boyd,  Chicago 

Albert  E.  Cook,  Denver 

Lorenzo  Daniels,  New  York 

John  L.  Denton,  New  York 

Gerald  F.  Earle,  New  York 

F.  Abbott  Goodhue,  Boston 

Edward  C.  Hoyt,  New  York 

William    McKissock,  Boston 

George  E.  Marcy,  Chicago 

Lloyd  B.  Sanderson,  New  York 

Charles  H.  Sherrill,  New  York 

F.  A.  VandErlip,  New  York 

Julius  H.  Cohen,  New  York 

William  Nelson  Cromwell,  New  York 

W.  A.  OuDiN,   Schenectady 

A.   C.   Pearson,   New  York 

George  H.  Richards,  New  York 

Welding  Ring,  New  York 

Elihu  Root,  New  York 

C.  H.  Sabin,  New  York 

Henry  W.  Taft,  New  York 

W.  A.  Shakman,  New  York 

Edmond  Weil,  New  York 

Theodore  F.  Whitmarsh,  New  York 

Henry  Howard,   Boston 

M.  C.  Parsons,  New  York 

W.  H.  Douglas,  New  York 

C.  B.  McElhaney,  New  York 

L.  N.  DantzlER,  Gu]fport 


OFFICIAL  LIST  OF  ARBITRATORS 


OF   THE 


CHAMBER  OF  COMMERCE  OF  BUENOS  AIRES 

(See    Article    VIII    of    the    Agreement,    page    13) 


ARGENTINE  SECTION 


RlCARDO  C.  Aldao 
Amadko    Beretervide 
Caru)s  Casares 
Antonio  M.  Delkino 
Tom  AS  Drysdale 
Antonio  Larraechea 
Emilio  Lernoud 
Miguel  Monserrat 
EfCENIO  C.  N'oE 
Enricji-e  Gigy  O'Farrell 
Sam  TEL  Hale  Pearson 
Santiago  Pinasco 
Jose  Gregorio  Zuherbuiiler 
Pedro  Christophersen 
ENRiguE  Uriburu 
Santiago  Brian 
Vicente  Sanchez 
Carlos  D.  Scott 
Domingo  Noceti 
Artl'ro  R.   Bullrich 


Hnkioue  Santamarina 

Adoli-o  Luro 

Leonardo  Pereyra  Iraola 

Carlos  Agote 

Pedro  Lacau 

Manuel  F.  Fernandez 

Antonio  Pinefo 

Luis  Lamos 

Bautista  Sauberan 

Jorge  M.  Mendez 

Enrique  P.  Ortega 

Felix  Astoul 

Felipe  D.  Allardice 

David  Costaguta 

Federico  Graeff 

Juan  Oscamou 

Fernando  Marti 

Pedro  L.  Moss 

Carlos  Alfredo  Tornquist 


OFFICIAL  LIST  OF  ARBITRATORS 


OF  THE 

CHAMBER  OF  COMMERCE  OF  BUENOS  AIRES 

(See    Article    VIII    of   the    Agreement,   page    13) 


UNITED  STATES  SECTION 


Stanley  Allchin 
Leopold  Buhler 
M.  Drew  Carrell 

A.    J.    ElCHLER 

Charles  Harper 
C.  M.  Lancaster 

C.  D.    MiDDLEBROOK 
M.   J.    PiLANT 

J.  J.  Pratt 
W.  A.  Reece 

D.  B.  Richardson 
George  H.  Weyland 
James  A.  Wheatley 
Enrique  Wulfe 
Luis  E.  Young 
WiLUs  E.  Baker 

L.  R.  Babbitt 
J.  L.  Denton 
Otto  Ebersen 
M.  H.  Hammond 
H.  C.  Mitchell 
R.  E.  Paine 
W.  L  Smith 
J.  R.  Stanford 


E.  J.  Sullivan 

W.  T.  S.  Thackara 

L.  Van  Bokkelen 

Ross  White 

C.  W.  WhittemorE 

Frank   Ahearn 

A.  A.   Anewalt 

G.  H.  Corlette 

C.  J.  Hopkins 

A.  B.  Howard 

W.  C.   Howe 

G.  A.  Kuhirt 

W.  B.    MacDavid 

C.  D.  Mac  Donald 

A.  J.  Simmons 

H.  R.  Storer 

William  A.  Wheeler 

James  H.  Williams 

Doctor  H.  Hersfeld 

John  C.  Zimmerman 

G.  W.  Chandler 

David  Scott 

Enrique    WolselEy 


An    Agreement 

Between  the  Chamber  of  Commerce  of  Biie-  P''ea'"'>!e 
nos  Aires  and  the  Chamber  of  Commerce  of  the 
United  Sta-tes  of  America  z^'hereby  these  or- 
ganicatio)is,  seeking  to  inspire  and  maintain 
confidence  in  the  busi)iess  relations  betzveer, 
citizens  or  residents  of  their  respectiz'c  coun- 
tries, proz'ide  a  system  of  arbitration  for  settle- 
ment of  commercial  disputes  in  an  impartial, 
inexpensive,  and  expeditious  manner. 


The  two  chaml)ers  will  urg-e  that  in  ah  con- 
tracts between  merchants  of  the  Argentine  Re- 
pubh'c  and  the  United  States  of  America  there 
should  be  inserted  a  standard  clause  to  the  ef- 
fect that  in  the  event  of  controversy  concern- 
ing interpretation,  fulfillment,  or  performance 
of  the  contract  such  controversy  shall  be  sub- 
mitted to  arbitration  under  rules  agreed  upon 
between  the  Chamber  of  Commerce  of  Buenos 
Aires  and  the  Chamber  of  Commerce  of  the 
United  States  of  America. 


Advocacy 
of       Arbitra- 
tion 


II 

The  form  of  the  standard  clause  mentioned 
in  Article  I  should  be  as  follows:  "All  dis- 
puted questions   which   may  occasion   contro- 


Standard 
Clause 


git|g  Agrggmgttl 


Short      Form 


Code    for 
Cable 


Place    of 
Arbitration 


Representa- 
tives  of 
Each  Side 


versy  relating  to  this  contract  shall  be  submit- 
ted to  arbitration  under  the  rules  adopted  joint- 
ly by  the  Chamber  of  Commerce  of  Buenos 
Aires  and  the  Chamber  of  Commerce  of  the 
United  States  of  America. 

The  inclusion  in  any  contract  of  the  words 
"Clause  A  A  A"  shall  be  equivalent  to  the 
total  transcription  of  the  foregoing  uniform 
clause.  AAA  means  "Argentine  American 
Arbitration." 

Ill 

If  a  contract  is  negotiated  by  cable  the  par- 
ties may  use  the  word  "Arbaires"  to  indicate 
an  agreement  to  arbitrate  differences  in  accord- 
ance with  the  adove  standard  clause,  the 
arbitration  to  occur  in  Buenos  Aires,  and  the 
word  "Arbanyork"  to  indicate  an  agreement 
so  to  arbitrate,  the  arbitration  to  occur  in  the 
city  of  New  York. 

IV 

In  providing  for  arbitration  of  differences 
the  parties  must  always  fix  in  their  contract  the 
place  where  the  arbitration  is  to  occur,  but  if 
the  parties  do  not  so  designate  a  place  the  ar- 
bitration shall  occur  in  the  country  in  wliich 
the  goods  are  to  be  delivered  to  the  purchaser. 

The  parties  shall  likewise  appoint  some  one 
in  their  respective  countries  to  represent  them 


10 


gll|p  Agrrrtnrnt 


in  the  arbitration  proceedings.  Shoukl  either 
of  the  parties  fail  to  name  such  representative, 
his  appointment  shall  be  made  in  conformity 
with  the  rules  incorporated  in  this  agreement. 


If  the  parties  have  not  agreed  upon  arbitra-  pa[4"e8  to 
tors  within  30  days  after  either  party  to  a  con-  f*ator«  ^'^^^' 
tract  has  given  notice  of  his  desire  for  arbitra- 
tion, the  committee  on  arbitration  of  the  Cham- 
ber of  Commerce  of  Buenos  Aires,  if  the  arbi- 
tration is  to  occur  in  the  Argentine  Republic, 
or  the  committee  on  arbitration  of  the  Cham- 
ber of  Commerce  of  the  United  States,  if  the 
arbitration  is  to  occur  in  the  United  States, 
shall  have  authority,  acting  in  accordance  with 
this  agreement  and  the  rules  of  arbitration,  to 
select  three  impartial  persons,  who  may  pro- 
ceed in  the  arbitration  with  the  same  force  and 
effect  as  if  they  had  been  agreed  upon  by  the 
parties. 

VI 

Each  of  the  chambers  undertakes  to  create     committees 

on      Arbitra- 

immediately  a  committee  on  arbitration,  to  be  *'°" 
composed  of  nine  persons  serving  for  stated 
periods.  Four  of  the  members  of  the  committee 
on  arbitration  of  the  Chamber  of  Commerce  of 
Buenos  Aires  shall  be  nominated  by  the  Cham- 
ber of  Commerce  of  the  United  States,  subject 

11 


Cgtyg  Agrggtttpnl 


Quorum 


Powers  of 
Arbitration 
Committees 


to  the  approval  of  the  Chamber  of  Commerce 
of  Buenos  Aires,  and  five  of  the  members  of 
said  committee  shall  be  nominated  by  the 
Chamber  of  Commerce  of  Buenos  Aires,  sub- 
ject to  the  approval  of  the  Chamber  of  Com- 
merce of  the  United  States,  one  of  the  latter 
group  to  be  designated  by  the  Chamber  of 
Commerce  of  Buenos  Aires  as  chairman  of  the 
committee.  The  committee  on  arbitration  of 
the  Chamber  of  Commerce  of  the  United 
States,  and  its  chairman,  shall  be  nominated, 
approved,  and  designated  in  a  reciprocal  man- 
ner. 

Three  of  the  members  of  the  Committee  on 
arbitration  shall  constitute  a  quorum,  pro- 
vided there  is  among  the  number  present  a 
representative  of   each  chamber. 

The  committee  on  arbitration  of  each  cham- 
ber shall  have  general  powers  of  supervision 
and  administration  in  connection  with  arbitra- 
tions which  occur  in  its  country  under  this 
agreement,  and  shall  have  the  duty  to  advance 
in  every  way  in  its  power  the  principle  of  arbi- 
tration for  the  amicable  settlement  of  commer- 
cial disputes. 

VII 


steps  to  In-  "When  a  dispute  shall  arise  over  a  contract 

augurate  Ar- 
bitration containing  the  clause  suggested  in  Articles  I 

and   II  of  this  agreement,  either  of  the  dis- 


12 


CTi^p  Aqrrrntfnt 


putanls  may  bring  his  desire  tor  arbitration  to 
the  attention  of  the  other  party  and  of  the  com- 
mittee on  arbitration  of  the  country  in  which 
the  arbitration  w-iill  occur  according  to  the 
terms  of  the  contract,  or  according  to  Article 
IV  of  this  agreement.  The  committee  on  arbi- 
tration shall  thereupon  notify  the  other  party 
to  the  dispute  and  shall  proceed  with  the  case 
according  to  this  agreement  and  the  rules  of 
arbitration. 

\'11I 
Each  of  the  chambers  undertakes  to  main-     otriciai  Lists 

of   Arbltra- 

tarn  an  official  list  of  arbitrators  on  which  there  tors 
shall  be  not  less  than  60  names  of  men.  not 
necessarily  members  of  the  respective  chambers 
of  commerce,  who  have  exceptional  qualifica- 
tions and  standing,  and  who  represent  as  many 
different  kinds  of  business  as  possible.  On  the 
official  list  of  arbitrators  of  the  Chamber  of  Ar-tKntin* 
Commerce  of  Duenos  Aires  30  names  shall  be 
nominated  by  the  Chamber  of  Commerce  of 
the  United  States,  subject  to  the  approval  of 
the  Chamber  of  Commerce  of  Rueni^s  Aires, 
and  30  names  shall  l)e  nominated  by  the  Cham- 
ber of  Commerce  of  Buenos  Aires,  subject  to 
the  approval  of  the  Chamber  of  Commerce  of 
the  United  States.  The  former  group  of  30 
names  shall  be  known  as  the  United  States 
section  of  the  official  list  of  arbitrators  of  the 


13 


gr^g  AgrggtttPitt 


United 
States     List 


Use    of    Offi- 
cial   Lists 


Disagree- 
ment   over 
Tiiird     Arbi- 
trator 


Chamber  of  Commerce  of  Buenos  Aires,  and 
the  latter  group  of  30  names  shall  be  known 
as  the  Argentine  section  of  the  official  list 
of  arbitrators  of  the  Chamber  of  Commerce  of 
Buenos  Aires.  The  official  list  of  arbitrators 
of  the  Chamber  of  Commerce  of  the  United 
States  and  the  designation  of  its  two  sections 
shall  be  ascertained  in  a  corresponding  man- 
ner. The  number  of  names  on  the  official  lists 
may  from  time  to  time  be  increased  or  changed, 
the  changes  in  the  offidal  lists  to  be  made  in 
the  same  manner  as  the  lists  were  originally 
created. 

IX 

When  the  parties  to  a  controversy  have  not 
otherwise  chosen  arbitrators  they  shall  make 
selection  from  the  official  list  of  the  country 
in  which  the  arbitration  is  to  occur.  In  the 
event  that  each  party  has  chosen  an  arbitrator 
from  his  national  group,  and  the  parties  can 
not  agree  upon  a  third  arbitrator,  the  third 
arbitrator  is  to  be  selected  by  the  chairman  of 
the  committee  on  arbitration  of  the  country 
in  question,  who  shall  proceed  by  taking  from 
each  section  of  the  official  list  of  his  chamber 
of  commerce  the  names  of  the  three  persons 
who,  by  their  business  experience,  are  best  able, 
in  his  opinion,  to  render  impartial  judgment, 
and   by  ascertaining   an   order   of   preference 


14 


alip  Anrppmrnt 


among  tliese  six  names  by  drawing  lots.  The 
man  those  name  is  first  drawn  shall  be  accept- 
ed as  third  arbitrator  if  he  is  able  to  serve; 
otherwise,  the  man  whose  name  is  drawn 
second  shall  be  accepted,  and  so  on. 

X 

The  two  chambers  hereby  agree  that  each  support*of" 
will  enforce  to  the  full  extent  of  its  influence 
the  awards  made  as  the  result  of  this  system 
of  arbitration,  each  giving  full  faith  and  credit 
to  all  awards  which  are  made  in  accordance 
with  this  system  and  which  are  officially  com- 
municated to  it.  Upon  being  so  informed  of 
an  award  with  which  a  resident  of  its  country 
has  not  complied,  the  chamber  in  question  shall 
bring  the  award  to  the  attention  of  the  person 
concerned.      If   he   persists    in    his    failure   to      Refusal  to 

'  Comply 

comply    with    the    award,    the   chamber    shall      ^'*^   Award 
prefer  a  complaint  against  him  to  any  chamber 
of  commerce  or  association  of  which  he  is  a 
member,  and  shall  press  its  charges  to  the  full 
extent  of  its  power. 

XI 

The    two    chambers    undertake   to   publish       Bufiet'in'^of 
quarterly,    or    more    frequently,    if   advisable,      oecisi^ons"" 
a  bulletin  in  which  will  be  given  a  resume  of 
the    decisions    which    have    been    rendered    in 
arbitrations,  a  list  of  the  awards  made,  and  the 
results    of    each    awird.      This    Inilletin    shall 

IS 


®llp  Agrprmrnt 


contain  the  firm  name  of  any  party  refusing 
to  comply  with  an  award,  together  with  a 
statement  of  the  reasons,  if  any,  given  by  him 
for  his  refusal. 

XII 

Disposal  of  Tf  a  controversy  which  is  submitted  to  arbi- 

or  Season-        trutiou  iuvolves  merchandise,  the  committee  on 

al     Merchan-  ,  .  11  hi 

dise  arbitration  which  will  have  supervision  of  the 

case  may,  after  communication  with  the  par- 
ties, sell  the  merchandise  or  take  such  action 
as  may,  in  their  judgment,  be  advisable  to 
avoid  increased  loss.  The  proceeds  of  such 
sales  shall  be  depi^sited  in  bank  to  await  the 
award  of  arbitrators. 

XIII 
Rules  of  The  several    provisions    of    this    agrement 

Procedur*  _  _     "■ 

shall  be  gi\cn  effect  in  accordance  with  regula- 
tions formulated  by  the  two  chambers  and  ap- 
proved by  each  of  them.  These  regulations 
shall  be  kiK^wn  as  the  rules  of  arbitration,  and 
shall  contain,  among  other  things,  suitable 
provisions  for  taking  testimony  in  writing  be- 
tween the  parties,  for  hearing  the  parties  either 
orally  or  in  writing,  or  both,  as  may  be  most 
convenient,  and  for  payment  of  expenses  of 
arbitration  and  fees  of  the  arbitrators. 

XIV 

Nothing  in  this  agreement  contained  shall  be 


16 


^Ijv  Anrrrmrnt 


construed    as    against    the    niakint;;   of   special      bitrat^on^'^" 
agreements  fnr  arbitration  in  connection  with     Agreements 
any  specific   transaction  or  as  against  agree- 
ments  covering  a   series  of   transactions  and 
business  relations  over  an  extended  period.     It 
is  the  purpose  of  this  agreement  to  encourage 
all    agreements    for   arbitration   between    resi- 
dents of  the  Argentine  Republic  and  the  United 
States  of  America,  when  not  inconsistent  with 
the  principles  herein  set  forth,  and  such  agree- 
ments, when  (lied  with  the  resi3ective  chambers 
of  commerce,  shall  receive  the  nmral  sui)port 
of  both  chambers  of  commerce. 
XV 
This  agreement  shall  become  effective  npun     Effective 
an  exchange  of  ratifications  between  the  twii 
chambers  at  any  time  within  one  year   from 
July  I.   1915.     Hither  chamber  may  withdraw 
from  this  agreement  by  giving  notice  of  one 
year,  but  no  such  withdrawal  shall  in  any  way 
affect  arbitrations  which  may  l>e  pending  under 
this  agreement  at  the  time  of  the  notice  or  at 
the  time  of  the  termination  of  the  agreement. 

Chamber  of  Commerce  of 

Buenos  Aires, 

(Signed)    Liis   K.   ZinKRnrm.KR. 

Tnr  Chamber  of  Commerce  of 

THE  United  St.xtes  of  America, 

(Signed)    John    H.    Fahev. 
Effrctk'c  as  of  April  10.  19 16. 

17 


EuIph  of  Arbitration 


In  accordance  ivlth  Articles  XII  and  XIII 
of  the  Agreement  for  Commercial  Arbitration 
entered  into  on  April  lo,  1916,  between  the 
Chamber  of  Commerce  of  Buenos  Aires  and 
the  Chamber  of  Commerce  of  the  United 
States  of  America,  these  bodies  agree  to  ap- 
prove the  following  Rides  for  Arbitration  and 
Rules  for  Dealing  zvith  Merchandise. 


standard 
Clause 


Submission 
when     Stan- 
dard   Clause 
Not    Used 


Rules  of  Arbitration 

Submission  and  Procedure 
I 

Whenever  the  standard  clause  provided  in 
Article  I  of  the  agreement  between  the  two 
chambers  has  been  included  in  a  contract  it 
shall  in  itself  constitute  complete  submission 
to  the  jurisdiction  of  the  arbitrators. 

Whenever  the  standard  clause  has  not  been 
so  included  submission  to  arbitration  shall  be 
in  the  following  form : 


Form 


18 


A  controversy,  dispute,  or  matter  of  differ- 
ence between  the  undersigned  having  arisen, 
and  relating  to  a  subject  matter  the  nature  of 
which  briefly  stated,  is  as  follows  : 

We  do  voluntarily  submit  the  same,  and  all 

matters  concerning  the  same,  to 

(if  selected  from  a  section  of  an  official  list,  so 
state),  (if  selected  from  a 


RnlpH  uf  Arbilratiun 


section  of  an  utticial  list,  so  state) 

for  hearing  and  decision  pursuant  to 

the  agreement  between  the  Chamber  of  Com- 
merce of  Buenos  .\ires,  and  the  Chamber  of 
Commerce  of  the  United  States  of  America, 
put  into  force  on  April  lo,  19 16.  and  the  rules 
uf  arbitration  which  have  been  adopted  by  said 
chambers  of  commerce,  pursuant  thereto,  and 
we  agree  to  stand  to.  abide  by,  and  perform  the 
award  that  may  thereupon  be  made  by  virtue 
of  this  submission. 

A  copy  of  this  submission  properly  signed 
shall  be  filed  with  the  clerk,  together  with 
sufficient  evidence  of  proof  of  authority  in  the 
case  of  an  agency,  partnership,  or  corporation. 


of    Repre««n- 
tatlvet 


By  the  mere  fact  of  having  accepted  the  S^'R^eprVwr 
formula  of  the  uniform  clause  to  which 
Article  II  refers,  the  contracting  parties  bind 
themselves  to  designate,  the  party  resident  in 
the  United  States  of  America  a  person  domi- 
ciled in  Buenos  Aires,  and  the  party  resident 
in  the  Argentine  Republic  a  person  domiciled 
in  New  York,  to  represent  them  in  all  matters 
in  connection  with  the  arbitration. 

The  designation  may  be  made  in  the  body 
of  the  contract  itself,  by  correspondence,  cable 
or  radiogram,  or  else  commnnicated  by  letter 
to  either  the   Chamber  of  Commerce  of  the 


If 


SkUb  nf  Arbitration 


Authority 
&f    Represen- 
tatives 


Service    of 
Papers    on 
Representa- 
tives   either 
Special    or 
General 


United  States  of  America  or  to  that  of  Buenos 
Aires,  accordingly  as  the  party  resides  in  the 
United  States  of  America  or  in  the  Argentine 
RepubHc. 

The  designation  of  the  person  for  the  pur- 
pose indicated  above  shall  ipso  facto  carry 
with  it  all  the  necessary  powers  to  undertake 
the  defense  before  the  arbitrators  and  to  in- 
tervene in  all  acts  and  measures  that  may  be 
required  by  the  special  circumstances  of  the 
case,  or  in  such  as  the  respective  Arbitration 
Committee  may  decide  to  undertake,  including 
all  measures  relating  to  the  preservation  and 
sale  of  goods  submitted  to  arbitration. 

No  limitation  of  the  above  powers  of  the 
representatives  shall  be  allowed. 

Any  summons  or  notice  given  to  the  repre- 
sentative shall  be  deemed  given  to  the  princi 
pal.  The  designation  of  the  representative 
may  be  general,  that  is  to  say.  for  all  matters 
coming  before  the  Arbitration  Committee,  or 
special,  that  is  to  say,  limited  to  a  specific  case. 

In  the  case  of  either  general  or  of  special 
powers  and  even  though  a  limit  of  time  shall 
have  been  set  for  the  exercise  of  these  powers, 
by  the  representative,  the  latter  shall  continue 
to  act  in  every  matter  in  which  he  shall  have 
started  to  intervene  before  the  power  ceased, 
unless  a  new  appointment  shall  have  been 
made. 


20 


Sulpfl  of  Arbltratton 


The  Chamber  of  Commerce  of  the  United      Notrc^^ of  °' 
States  of  America  and  the  Chamber  of  Com-     o1''R*e'prT.Sn* 
merce  of  Buenos  Aires  shall  exchange  without      ***'^** 
delay  every  communication  sent  to  them  refer- 
ring   to    the    designation    of    representatives. 
They  shall   likewise  endeavor   to  agree  on   a       ^^^  ^^^^  '^" 
uniform   formula  to  be  followed   in  all   com- 
munications   addressed    to    them    relating    to 
the  appointment  of  representatives. 

Should  one  of  the  parties  fail  to  name  a  pfI.ty'"'to°' 
representative,  as  provided  above,  the  party  re-  l^caTnt.»t\w«' 
questing  the  arbitration  shall,  at  his  own  ex- 
pense, either  by  telegram  or  radiogram,  call 
upon  the  Arbitration  Committee  of  his  coun- 
try to  inform  the  other  contracting  party  of 
the  request  for  arbitration,  and  shall  further- 
more invite  him  to  name  his  representative 
within  the  peremptory  term  of  15  days.  After 
the  expiration  of  this  term,  and  provided  the 
designation  has  not  been  made,  the  respective 
arbitration  committee  shall  proceed  to  name 
such  representative,  who  shall  be  a  merchant 
and  selected,  if  possible,  from  among  the  mem- 
bers of  the  trade  to  which  the  matter  to  be 
subnn'tted  to  arbitration  belongs.  The  matter 
shall  then  be  taken  up  by  the  said  representa- 
tive, whose  powers  sliall  \)e  the  same  as  if 
he  had  been  originally  designated  by  the  in- 
terested party.  His  compensation  shall  be 
paid  by  the  latter  and  the  amount  of  this  com- 

21 


Siiba  of  Arbitration 


Arbitration 
Proceedings 
Not     Public 


Record  Al- 
ways Open 
to    Parties 


pensation  determined  by  the  committee  making 
the  appointment. 

3 

The  proceedings  shall  not  be  public  unless 
requested  by  the  parties.  Members  of  the  com- 
mittee on  arbitration  may  be  present  at  any  of 
the  hearings.  The  records  of  a  case  shall  be 
open  at  all  times  to  the  parties  to  the  dispute 
and  to  others  upon  the  written  order  of  the 
committee  on  arbitration. 


statement 
of   Facts 


Tlie  hearing  of  cases  shall  commence  as 
soon  as  practicable  after  submission.  Each 
side  shall  prepare  and  submit  a  statement  of 
the  facts  or  what  it  regards  to  be  the  issues  in 
the  case.  If  they  disagree  as  to  what  con- 
stitutes such  issues  the  arbitrators  shall  de- 
termine and  state  in  the  award  the  issue  or 
issues  arising  in  the  controversy  as  found  by 
the  arbitrators. 


Irrelevant 
Matters 


Spirit   of 
Construction 


All  irrelevant  or  unimportant  matters  shall 
be  excluded. 

6 

The  arbitrators  shall  construe  these  rules 
and  the  submission  to  them  as  being  designed 
to   secure    reason    and    equity   in    matters    of 


22 


Rnlra  of  Arbttratian 


traile  niul  coninierce,  wiili  the  least  possible 
expenditure  of  time,  energy,  and  money,  and 
in  such  manner  as  to  avoid  all  unnecessary  ir- 
ritation. 

7 
If  three  or  more  arbitrators  are  chosen, 
they  shall  select  one  of  their  number  as  chair- 
man. Nothing  in  these  rules  is  to  be  con- 
strued to  prevent  parties  from  referring  the 
controversy  to  one  arbitrator. 


Chairman    of 
Arbitrators 


One   Arbitra- 
tor 


If  parties  who  have  submitted  a  controversy 
to  arbitration  fail  to  select  arbitrators,  the 
Committee  on  Arbitration  of  the  country  in 
which  arbitration  is  to  occur  is  hereby  author- 
ized to  select  one  arbitrator  from  each  of  the 
two  sections  of  its  official  list,  these  two  ar- 
bitrators to  select  a  third  arbitrator  from  the 
official  list.  Arbitrators  so  selected  shall  pro- 
ceed as  if  chosen  by  the  parties.  If  the  two 
arbitrators  chosen  in  accordance  with  this  par- 
agraph fail  to  select  a  third  arbitrator,  the 
third  arbitrator  shall  be  chosen  in  the  man- 
ner described  in  .Article  IX  of  the  agreement 
between  the  two  chambers  of  commerce. 


Failure    to 
Select    Arbl 
tratori 


Each    chamber   of   commerce    will    provide     Hearing 

'  Rooma, 

the  parties  who  in   its  country  submit  to  ar-     |t^«tion«ry, 


23 


fiulps  of  ArbttratiDn 


bitration  under  these  rules  with  adequate  room 
and  all  necessary  forms  and  papers  free  of 
charge,  and  through  its  Committee  on  Arbitra- 
tion will  endeavor  to  do,  or  cause  to  be  done, 
all  such  acts  as  it  may  properly  do  for  the 
purpose  of  assisting  the  parties  and  the  ar- 
bitrators in  the  course  of  arbitration. 

lO 

stenographer  A  Competent  Stenographer  shall  be  employ- 
ed and  the  expense  for  this  service  is  to  be 
charged  against  the  parties  to  the  submission 
as  the  arbitrators  may  decide. 

II 
Witnesses  Each  partv  shall  furnish  his  own  witnesses. 

and    Deposi-  .... 

tions  Depositions  of  witnesses  may  be  received  as 

competent  evidence  when  properly  attested. 
The  expenses  of  depositions  and  the  expenses 
of  witnesses  shall  be  borne  by  the  parties  offer- 
ing the  same,  unless  the  arbitrators  in  the 
award  determine  they  should  be  allotted  other- 
wise. 

12 


Form  of  The  award  of  the  arbitrators  shall  in  each 

Award 

case  contain  a  concise  decision  of  the  ques- 
tions in  controversy,  setting  forth  what  each 
party  is  to  do.  deliver,  or  pay  to  the  other,  and 
fixing  a  period  AAithin  which  the  award  is  to 
be  satisfied. 
24 


finlra  of  Arbitralton 


13 


Notice  of  the  award  shall   immediatelv  be     Notification 

of     Award 

given  to  the  parties  to  an  arbitration  l)y  the 
chairman  of  the  Committee  on  Arbitration  of 
the  country  in  which  arbitration  occurs.  Each 
|>arty  shall  be  entitled  to  a  copy  of  the  award, 
and,  at  his  own  expense,  shall  be  entitled  to 
a  copy  of  the  record. 

14 
In   case    of   any   misunderstanding-   or    anv     Questions   of 

.  '         ,        .  .    "^         .     ,       '  Interpreta- 

question  concerning  the  mterpretation  of  these     tion  of  Rules 
rules  of  arbitration  the  decision  of  the  Com- 
mittee on  Arbitration  of  the  country  in  which 
the  arbitration  occurs  shall  be  accepted  by  the 
parties  as  conclusive. 

15 

Merchants  who  form  a  permanent  business     General 

,      .  ,         .  ,  \greement« 

relation  may  at  the  beginning  of  their  trans-  ,'°^'"„^'"'"*'"** 
actions  enter  into  a  general  agreement  for 
arbitration  under  these  rules  and  the  agree- 
ment t>etween  the  two  chambers  of  commerce 
put  into  force  on  April  10.  1916.  for  the  ad- 
justment of  any  or  all  diflfcrences  arising  out 
of  a  series  of  transactions  extending  over  a 
period  of  time  and  until  one  or  the  other  gives 
>\'Titten  notice  to  the  other  of  his  termination 


tlon 


zs 


R«Uh  nf  Arfattratinn 


Change  of 
Rules    While 
Controversy 
Pending 


Lapse  of 
Right  to   Re- 
quest   Arbi- 
tration 


of  the  agreement  as  to  transactions  then  fu- 
ture. Copies  of  such  agreements  are  to  be 
filed  both  with  the  Committee  on  Arbitration  of 
the  Chamber  of  Commerce  of  Buenos  Aires 
and  the  Committee  on  Arbitration  of  the  Cham- 
ber of  Commerce  of  the  United  States.  Such 
an  agreement  shall  be  understood  to  have  as 
to  any  controversy  the  same  effect  as  if  a 
special  agreement  such  as  is  described  in  Ar- 
ticles I  and  II  of  the  agreement  between  the 
two  chambers  of  commerce  had  been  made 
regarding  the  transaction  in  which  the  con- 
troversy arises. 

i6 

If  these  rules  are  in  any  way  changed  after 
a  controversy  has  been  submitted  to  arbitra- 
tion, but  before  award  is  made,  all  proceed- 
ings in  the  arbitration  and  the  award  shall 
be  in  accordance  with  the  rules  as  they  stood 
at  the  time  of  submission. 

Except  where  otherwise  provided,  the  right 
to  request  arbitration  shall  lapse  at  the  end 
of  90  days,  to  count  from  the  day  following 
that  on  which,  from  the  records  of  the  re- 
spective customs  houses,  the  purchaser  or  con- 
signee of  the  goods  could  have  examined  all 
of  the  goods  in  question ;  Provided  that  upon 
application  for  an  extension  of  this  period 
made  by  either  or  both  parties  to  the  Arbitra- 


26 


ViulvB  of  Arbitraliim 


Hull  CuiniuiUcc  ui  ilic  Country  wlicic  the  ar- 
bitration would  be  belcl.  and  presentation  of 
a  statement  of  reasons  for  the  delay  in  the 
request  for  arbitration,  such  Committee  may  in 
proper  cases  grant  such  an  extension  of  time 
as  it  deems  reasonable,  but  not  in  excess  of 
90  days  further  than  the  period  of  90  days 
mentioned  above.  If  the  case  in  question  is 
not  a  sale,  the  right  to  request  arbitration 
shall  lapse  at  the  end  of  90  days  to  count  from 
the  day  following  the  date  of  origin  of  the 
controversy,  subject,  however,  to  extension  in 
the  manner  and  under  the  circumstances  set 
forth  above.  These  same  rules  shall  apply  for 
cases  of  controversy  on  contracts  of  sale. 

17 

Wherever  the  word  "party"  or  "parties"  is 
used  in  these  rules  it  shall  refer  to  the  parties 
to  the  submission,  and  wherever  the  word  "ar- 
bitrator" or  "arbitrators"  is  used  it  shall  re- 
fer to  the  arbitrator  or  arbitrators,  as  the  case 
may  be.  whether  there  are  one  or  more. 
Wherever  the  word  "committee"  is  used  it 
shall  refer  to  the  Committee  on  Arbitration  of 
the  country  in  which  the  arbitration  is  held. 
Whenever  the  word  "clerk"  is  used  it  refers 
to  the  clerk  of  the  Committee  on  Arbitration  in 
the  countrv  in  which  the  arbitration  is  held. 


Deflnltlona 


27 


SSuUh  of  Arbitrattun 


i8 

sion^of^Que's-  ^^'^'^^'J  q^iestion  which  the  Committee  on  Ar- 

terpretation'  titration  may  have  as  to  the  explanation  or 
interpretation  of  the  foregoing  rules  shall  be 
settled  by  the  Board  of  Directors  of  the  respec- 
tive Chamber  of  Commerce. 

Fees 

All  fees  of  arbitrators,  expense  for  sten- 
ographers, and  other  minor  expenses  shall  be 
awarded  as  the  arbitrators  may  decide. 

Deposit 

The  parties  to  tlie  submission  shall  each  de- 
posit with  the  clerk,  at  the  time  of  filing  the 
submission,  the  sum  of  $ioo  gold,  or  equiva- 
lent, or  at  the  discretion  of  the  committee  a 
larger  amount,  which  shall  be  disbursed  by 
him  for  their  account  in  payment  of  arbitra- 
tors and  stenographers'  fees  and  minor  ex- 
penses : 

(a)  Arbitrators'  fees,  $io  gold,  or  equiva- 
lent thereof,  per  day  or  part  thereof; 

(b)  Stenographers'  fees,  the  usual  remu- 
neration. 

If  the  deposit  appears  insufficient  to  the 
clerk,  or  becomes  exhausted,  he  shall  call  upon 
the  parties  equally  for  such  further  sums  as 
may  be  required,  any  balance  to  be  refunded 
as  the  arbitrators  may  decide. 
28 


RulrH  uf  Arliitraliini 


Clerk 

The  duties  of  the  clerk  of  a  Committee  on 
Arbitration  shall  be  as  follows: 

He  shall  receive  and  file  all  submissions,  all 
copies  of  awards,  give  notice  of  all  hearings, 
keep  a  docket  of  all  cases  and  such  other  books 
and  memoranda  as  the  committee  shall  from 
time  ti>  time  direct. 

He  shall  render  all  necessary  assistance  to 
the  arbitrators,  attend  to  their  clerical  work, 
receive  and  disburse  all  fees  and  costs  and  keep 
careful  and  accurate  accounts  thereof,  under 
the  supervision  of  the  Committee  on  Arbitra- 
tion. 

H  a  clerk  of  a  Committee  on  Arbitration  is 
unable  to  attend,  a  substitute  shall  be  desig- 
nated by  the  Committee  on  Arbitration  to  take 
his  place. 

Amendments 

Amendments  to  these  rules  may  be  pro- 
posed by  the  Committee  on  Arbitration  of 
either  country  and  shall  become  elTective  upon 
their  acceptance  by  both  chambers  o\  conimcice. 

Chamber  of  Commerce  of 

Buenos  Aires, 
(Signed)  Luis  E.  Zuberbuiiler. 

The  Chamber  of  Commerce  of 

THE  United  States  of  America, 

(Signed)  John   H.  IVmh-.v. 
Effective  as  of  April  lo,   19 16. 


29 


Rules  for  Dealing  with  Merchandise 


Consent 
Necessary 


Consent   of 
Representa- 
tive   Some- 
times not 
Sufficient 


The  Committee  on  Arbitration  in  each 
country  may  deal  with  merchandise  involved 
in  a  controversy  submitted  to  their  arbitra- 
tion whenever  the  two  parties  concerned,  di- 
rectly or  through  representatives  duly  appoint- 
ed, shall  have  expressly  manifested  their  con- 
sent thereto.  But  no  such  consent  shall  be 
granted  by  an  agent  designated  by  either  of 
the  two  committees  because  of  the  neglect  or 
failure  of  the  party  to  designate  an  agent. 


Nature   of 

Committee's 

Action 


The  term  "Deal  With,"  employed  in  the 
above  article,  embraces  the  adoption  of  any 
or  all  of  the  followinsf  measures : 


The  discharge  of  cargo  from  vessel  and 
storage  in  warehouse,  in  order  to  avoid 
demurrage ; 

Payment  of  customs  or  other  charges 
and  removal  to  warehouse,  in  order  to 
avoid  penalties  for  non-payment  within 
a  stated  period ; 

Sale  of  merchandise  which  may  dete- 
riorate in  quality,  or  the  preservation  of 


30 


Sraliita  luitli   ItlrrrluiuMor 


which  may  be  costly,  whenever  circum- 
stances make  it  advisable  in  order  to 
avoid  greater  damage ; 

4.  Payment  to  brokers,  who  negotiate 
sales  of  such  merchandise,  of  commis- 
sions due,  according  to  custom  house 
vahiation  or  usage  and  commercial 
practices ; 

5.  Pa\Tnent  of  cost  of  cartage  and  ware- 
housing, insurance,  and  other  pre- 
miums, occasioned  by  the  disposition  of 
the  merchandise  and  by  the  adoption  of 
whatever  means  are  necessary  to  pre- 
serve the  rights  of  the  interested  par- 
ties. 

The  methods  of  dealing  with  merchandise 
mentioned  above  are  not  exclusive,  but  are  in- 
tended as  merely  suggestive. 


Immediately    upon   notification    that   a   con-     examination 
troversy    is    to    be    submitted    to    arbitration,     Siio  inv'ijived 
the  chairman   of  the  Committee  on   Arbitra-     tion 
tion  of  the  countrv  in  which  arbitration  will 
occur    shall    ascertain    the    condition    of    the 
merchandise  involved,  shall  make  diligent  in- 
quiry as  to   whether  or  not  steps  should   be 

31 


Bralinn  milh   iHrrrhaniiax' 


taken  by  his  Committee  in  accordance  with 
these  rules,  to  prevent  aggravation  of  damages, 
and  at  the  earliest  moment  practicable  shall 
recommend  to  his  Committee  any  action  he 
thinks  necessary.  The  decision  of  the  Com- 
when  Ac-  mittee  as  to  any  dealing  with  the  merchandise 
able  shall  be  entered  upon  the  minutes  of  the  Com- 

mittee with  the  name  and  the  vote  of  each 
member,  and  the  interested  parties  shall  be 
notified  immediately  thereof. 


4 
Insurance,  The  Committee  on  Arbitration  in  the  coun- 

Etc. 

try  where  the  arbitration  is  to  occur  shall,  in 
each  case,  see  that  proper  provision  is  made, 
through  insiuance  in  responsible  companies, 
for  complete  indemnification  for  the  loss  or 
damage  of  the  merchandise  because  of  fire  or 
other  accident. 


Expenses  The  Secretary  (clerk)  of  the  Committee  on 

Arbitration  shall  collect  in  equal  proportions 
from  both  the  parties  to  the  controversy  the 
funds  necessary  for  the  disposition  of  the  mer- 
chandise. If  either  of  the  parties  refuses  to 
contribute,  the  Committee  on  Arbitration  shall 
take  means  to  obtain  the  necessary  funds,  if 

^'*"  it  is  considered  advisable,  the  amount  of  this 

advance  being  secured  by  a  lien  against  the 

32 


flraliiia   uitlh   firrrhanfttcr 


merchandise  in  question,  which  lien  shall  take 
procedence  over  all  other  claims. 


The  Secretary  of  the  Committee  on  Arbitra-     J^or"y"F^" 
tion  shall  not  solicit  funds  from  the  parties  to     and*Expen- 
the  controversy,  nor  shall  he  make  any  pay-     Funds  **' 
ments  of  expenses  caused  by  the  disposal  of 
the  merchandise,  without  written  order  from 
the  Committee  on  Arbitration. 


Proper  documents  will  be  required  and  must    vouchers  For 

*  ^  Expenditures 

Ije  kept  covering  all  payments  made  on  account 
of  any  necessary  expenses  which  may  l)e  in- 
curred in  disposing  of  the  merchandise  under 
these  rules.  These  documents  shall  be  at- 
tached to  a  copy  of  the  decision  delivered  to 
the  party  who  must  pay  the  expenses  or  whose 
interests  may  be  in  any  manner  affected  there- 
by. 

8 

If  a  majoritv  of  the  members  of  the  Com-     Procedure 

.,.'.,  ,  For    Sals 

mittee  on  Arbitration  determine  upon  a  sale, 
in  accordance  with  Section  i  of  these  rules, 
the  Committee  shall  at  once  enter  an  order 
upon  its  minutes,  and  proceed  to  arrange  for 
the  sale  of  the  merchandise  in  question  in  the 

33 


Sgalittg  millr  MntlfunhiBt 


Cash    or 
Credit 


customary  manner  upon  any  duly  constituted 
exchange  on  which  such  merchandise  is  or- 
dinarily bought  and  sold;  or  if  the  merchan- 
dise is  not  bought  and  sold  upon  any  exchange 
the  Committee  shall  arrange  for  a  public  or 
private  sale  in  accordance  with  the  manner 
in  which  sales  of  this  kind  of  merchandise  are 
effected. 

9 


In  arranging  for  sales  the  Committee  on  Ar- 
bitration shall  take  the  necessary  measures  to 
secure  the  most  favorable  conditions  possible. 


Proceeds    of 
Sales 


10 

The  sales  shall  be  made  for  cash,  that  is, 
against  the  delivery  of  documents  or  of  the 
goods  themselves.  But  in  special  circum- 
stances, the  determination  of  which  rests  with 
the  Committee  on  Arbitration,  the  sale  may 
be  authorized  on  time  payment,  in  which  case 
two  sureties  satisfactory  to  the  Committee  will 
be  demanded. 

II 

After  deduction  of  the  costs  of  sale,  such  as 
commissions,  and  any  sum  necessary  for  satis- 
fying any  lien  of  either  Chamber  of  Commerce, 
the  proceeds  of  any  sale  shall  be  deposited  in  a 
bank,  in  a  special  account  plainly  designated 
as  to  its  character,  to  await  the  award  of  the 
arbitrators. 


34 


flniltwg  lottl^  fflfrfi|an5taf 


12 


By  a  \NTiting  filed  with  the  Committee  on     waiver  or 


Arbitration  which  has  jurisdiction,  the  par- 
ties to  a  controversy  may  waive  any  of  these 
rules  or  they  may  in  a  similar  manner  pro- 
vide for  methods  and  conditions  of  sale  other 
than  those  fixed  in  these  rules. 

13 
If  these  rules  are  in  any  way  changed  after     change  of 

,  .  1       •         t  t  •  Rules     while 

a  controversy  has  been  submitted  to  arbitra-     controversy 

If  1  11-  1      11     1  Pending 

tion,  any  deahng  with  merchandise  shall  be 
in  accordance  with  the  rules  as  they  stood 
when  the  submission  was  made. 

14 

Amendments  to  these  rules  may  be  propos-     Amendm«nta 
ed  by  the  Committee  on  Arbitration  of  either 
country,   and  shall,  except  as  otherwise  pro- 
vided, become  effective  upon  their  acceptance 
by  both  chambers  of  commerce. 

Chamber  of  Commerce  of 

Buenos  Aires, 

(Signed)   Luis  E.  Zcberbuhler. 

The  Chamber  of  Commerce  of 

THE  United  St.ates  of  America, 

(Sigfned)   John   H.   Fahey. 
Effective  as  of  April   10,    19 16. 

3S 


Form  for  Appointment 

of 

Representative 

(See  Article  IV  of  the  Agreement,  page  lo,  and 
the  second  Rule  of  Arbitration,  page  19.) 

To  be  executed  in  duphcate  and  both  copies  to 
be  sent  to  the  Bolsa  de  Comercio  de  Buenos 
Aires  or  the  Chamber  of  Commerce  of  the 
United  States,  according  as  the  principal  is 
resident    in    Argentina    or    the    United    States. 


(date) 

To  the  Bolsa  de  Comercio  de  Buenos  Aires 

and  the  Chamber  of  Commerce  of  the  United  States: 

Pursuant  to  the  Agreement  for  Arbitration,  the  Rules  of 
Arbitration,  and  the  Rules  for  Dealing  with  Merchandise  as 
made  effective  on  April  10,  191 6,  between  the  Bolsa  de 
Comercio  de  Buenos  Aires  and  the  Chamber  of  Commerce 
of  the  United  States,  and  pursuant  to  the  undertakings  in 

transactions  which  the  undersigned  has  with 


in  which  transactions  there  is  an  agreement  for  arbitration 
under  the  terms  of  the  aforesaid  Agreement  and  Rules,  the 

undersigned  hereby  appoints   

as  representative. 


36 


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